On Monday, 26 October, Schibsted, NRK, TV 2, Amedia, Polaris, Aller and several other Norwegian media companies filed a joint request for a temporary injunction with the Oslo District Court. A total of 180 companies are behind the legal action, with support from the Norwegian Media Businesses’ Association (MBL).
Just two days later, on Wednesday, 28 October, the court ruled in favour of the media companies. Meta is now prohibited from introducing the disputed provision until its legality has been finally determined. The court found strong reasons to believe that Meta is abusing its dominant market position by imposing unfair terms on publishers.
The decision was made without Meta being heard, due to the urgency of the case. Meta can therefore request a new hearing.
Meta could scrape publishers’ websites
Meta has announced changes to the terms for businesses using Facebook, Instagram and other Meta platforms for commercial purposes.
According to the media companies, the new terms could give Meta extensive rights to collect, analyse and use content from websites linked to their business accounts. This could include not only content that publishers share on Facebook and Instagram, but also other content on their own websites.
The content could potentially be used to develop and improve Meta’s commercial services, including AI-related products. Meta, for its part, says the changes do not grant any new rights to collect content and that website owners can still restrict such access through technical measures.
Why we are taking action
Facebook and Instagram are important channels for Schibsted’s media brands to reach their audiences with journalism. Over time, we have built significant reach and large numbers of followers on these platforms. The problem is that Meta can change the terms for using its platforms unilaterally. Publishers cannot opt out of the new terms without also stopping their use of Meta’s commercial services.
Schibsted believes this is an unfair use of Meta’s dominant market position.
For Schibsted, the case is about three fundamental principles:
- Publishers must decide how their journalism is used. We invest significant resources in producing journalism and must have control over how other commercial companies use our content.
- Meta’s market power must not come at the expense of publishers’ rights. Publishers must be able to use important distribution channels without being forced to accept extensive demands for rights to their content.
- The value created by journalism must also benefit those who produce it. AI and new technology offer major opportunities, but the use of journalistic content in commercial services must be based on voluntary agreements, with the opportunity to negotiate compensation.
Broad international response
Opposition to Meta’s new terms extends well beyond Norway. In Sweden, the industry organisation Tidningsutgivarna (TU) has asked the competition authority to assess Meta’s new terms. Schibsted is closely following developments and coordinating efforts across our Swedish media businesses, including TV4.
At the European level, the European Publishers Council (EPC), together with other industry organisations, has asked the European Commission to intervene. EPC has also called for Meta to delay the implementation of the terms while the Commission reviews the case. In Finland, MTV is considering possible measures in cooperation with Sanoma.
What happens next?
Meta originally announced that the new terms would take effect on 30 October, but has since indicated 20 November as the new date. The Oslo District Court’s decision means Meta cannot introduce the disputed provision while the injunction remains in place. However, the legal process may continue if Meta requests a new hearing.
For now, Schibsted’s media brands will continue using Facebook and Instagram as normal. The work involves teams across Schibsted, including Legal, Communications and Public Policy, working closely with our media brands and relevant industry organisations.
